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CP504 vs. the Final Notice of Intent to Levy

They sound like the same notice and one of them carries a 30-day right the other does not. This is the distinction this site got wrong.

Quick Answer

Two statutes, two notices, one hearing right. CP504 satisfies Internal Revenue Code section 6331(d), which requires written notice before a levy. The Final Notice satisfies section 6330, which is the one that comes with a Collection Due Process hearing. Only the second starts a clock on which a right is lost. The confusion is not accidental: CP504 is titled a Notice of Intent to Levy and the CDP notice is titled a Final Notice of Intent to Levy and Notice of Your Right to a Hearing, and the word "Final" is the only thing between them. This site published the confusion. /notices/cp504/ told readers to request a Collection Due Process hearing on a notice that does not confer one, and it did so on the second most-viewed page on the property. The consequence of the error runs both ways: a reader who thinks CP504 is their hearing notice waits for a right they have not been offered, and a reader who thinks the Final Notice is just another reminder lets a real one expire.

1

CP504

Advantages

  • It is required by statute. The IRS states on its page: "This notice is your Notice of Intent to Levy (Internal Revenue Code section 6331 (d))."
  • Section 6331(d)(2) requires the IRS to give written notice at least 30 days before the day of a levy — a waiting period imposed on the IRS.
  • The IRS names the Collection Appeals Program as the appeal route on this notice.
  • The IRS states no number of days on the page. It says "immediately", four times.

Disadvantages

  • It does not confer a Collection Due Process hearing right. Publication 1660 lists the notices that do and CP504 is not among them.
  • It can precede one levy without any further notice: a state tax refund, under section 6330(f)(2).
  • Its own FAQ sequences things differently from its opening paragraph, and the IRS publishes both.
  • It says nothing about Form 12153, CDP, or Publication 1660.

Best For

What it satisfies: the section 6331(d) notice requirement.

Typical Cost

No fee attaches to either notice.

VS
2

The Final Notice (CP90, CP297, LT11, Letter 1058)

Advantages

  • It carries the Collection Due Process hearing right. The IRS states it on the notice itself.
  • A timely request prohibits levy while it is pending, unless a section 6330(f) exception applies.
  • IRM 5.1.19 states the collection statute is suspended while a timely CDP request runs.
  • A determination can be petitioned to the U.S. Tax Court.

Disadvantages

  • The right is on a clock and the clock is short. The date is printed on the notice.
  • Miss it and what remains is an equivalent hearing, which Publication 1660 states does not prohibit levy and does not suspend the collection statute.
  • The IRS issues the same notice under several designations — CP90 and CP297, LT11 and Letter 1058 and Letter 11 — which is itself a source of confusion.

Best For

What it satisfies: the separate section 6330 requirement, which is the one carrying the hearing.

Typical Cost

No fee attaches to either notice.

The Verdict

Two statutes, two notices, one hearing right. CP504 satisfies Internal Revenue Code section 6331(d), which requires written notice before a levy. The Final Notice satisfies section 6330, which is the one that comes with a Collection Due Process hearing. Only the second starts a clock on which a right is lost. The confusion is not accidental: CP504 is titled a Notice of Intent to Levy and the CDP notice is titled a Final Notice of Intent to Levy and Notice of Your Right to a Hearing, and the word "Final" is the only thing between them. This site published the confusion. /notices/cp504/ told readers to request a Collection Due Process hearing on a notice that does not confer one, and it did so on the second most-viewed page on the property. The consequence of the error runs both ways: a reader who thinks CP504 is their hearing notice waits for a right they have not been offered, and a reader who thinks the Final Notice is just another reminder lets a real one expire.

Frequently Asked Questions

Does CP504 give me a right to a hearing?
No. Publication 1660 lists the notices that carry a Collection Due Process hearing right and CP504 is not among them. The CP504 page itself never mentions CDP, Form 12153 or Publication 1660. The appeal route the IRS names on that notice is the Collection Appeals Program.
There is a 30-day period on CP504. What is it?
Section 6331(d)(2) requires the IRS to send a Notice of Intent to Levy at least 30 days before the day of a levy. TRC interpretation of that provision: it is a waiting period imposed on the IRS, not a deadline imposed on you, and nothing you are entitled to expires on day 31. The 30 days that IS a deadline belongs to the section 6330 notice.
Can the IRS levy anything after CP504 alone?
One thing: a state tax refund. Section 6330(f)(2) excepts a state-refund levy from the requirement of a hearing notice beforehand and gives the hearing opportunity afterwards instead — the IRS notifies you of that right on CP92. For other property, the IRS FAQ on the CP504 page states it may send you a notice giving you a right to a hearing before it seizes anything else.
How do I tell which notice I have?
By what it says about a hearing. The section 6330 notices say so on their face. If the notice does not mention a Collection Due Process hearing, Form 12153 or Publication 1660, it is not the notice that carries the right.

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Sources

Sourced to primary IRS materials and editorially reviewed. Not reviewed by a tax professional. Not tax advice. Report a correction.